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-   -   Accident equal liability (https://www.askmehelpdesk.com/showthread.php?t=278524)

  • Nov 8, 2008, 12:51 PM
    ramy24
    Accident equal liability
    I was making a delivery my truck was double parked across from the drive way I was delivering to I was on a moffet fork lift I had come out on the road to get a bundle of lumber of the truck when I saw a car commeing up on my left I started to back back into the driveway and the car did not wait for me to clear the road and hit my forks on the forklift. Who was at fault?
  • Nov 8, 2008, 01:02 PM
    excon
    Hello ramy:

    Looks like you are. If you were entering the roadway from a drive way, you were required to yield to oncoming traffic. You didn't.

    excon
  • Nov 8, 2008, 01:25 PM
    excon
    Hello again, ramy:

    Contrary to your RED mark, I did, INDEED, read it correctly.

    Let me say it another way. The car that hit you has the right of way. You weren't allowed to be in the street, whether you were backing to get out of his way, or whether you just didn't see him.

    I'll accept you apology now.

    excon
  • Nov 8, 2008, 01:32 PM
    smearcase

    My experience is in road construction and proper traffic control for construction equipment and that is the best comparison I can offer.
    For a road construction operation, you would need a flagger to stop or warn the traffic, especially if you have the forks on the vehicle to contend with. It doesn't matter if you going in or out of the driveway, part of your vehicle was obstructing the roadway. That's just my opinion.
  • Nov 8, 2008, 01:34 PM
    Fr_Chuck

    OK, car was coming on the road, and you continued across the road trying to clear it ?

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